Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cranswick Premium Wines Limited [2003] FCA 138
CORPORATIONS – merger of two public listed companies by schemes of arrangement – shareholders optionholders and noteholders bound respectively by schemes – convertible note deed amended – optionholders constitute employees under option plan – schemes approved.
Corporations Act 2001 (Cth) Federal Court (Corporations) Rules 2000
Re Challenge Bank Ltd (1995) 19 ACSR 421 cited Re Chevron (Sydney) Ltd [1963] VR 249 applied Re Foundation Healthcare Ltd (No 2) (2002) 43 ACSR 680 applied Re NRMA Ltd (No 2) (2000) 34 ACSR 261 applied Re Stockbridge Ltd (1993) 9 ACSR 637 applied CRANSWICK PREMIUM WINES LIMITED IN THE MATTER OF CRANSWICK PREMIUM WINES LIMITED ACN 000 024 304 N 3078 OF 2002 CONTI J 4 MARCH 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3078 OF 2002
IN THE MATTER OF CRANSWICK PREMIUM WINES LIMITED ACN 000 024 304
BETWEEN: CRANSWICK PREMIUM WINES LIMITED ACN 000 024 304
PLAINTIFF
JUDGE: CONTI J
DATE OF ORDER: 4 MARCH 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The schemes of arrangement proposed to be made between the Applicant and its: (a) Shareholders; (b) Optionholders; and (c) Noteholders, copies of which are annexed to these orders and marked annexure 'CS1', 'CS2' and 'CS3' respectively (collectively the Cranswick Schemes) are approved pursuant to section 411(4) of the Corporations Act 2001 (Cth). 2. The Applicant be exempted from compliance with section 411(11) of the Corporations Act 2001 (Cth) in relation to the Cranswick Schemes. 3. A copy of these Orders be lodged with the Australian Securities and Investments Commission within 7 days of being entered. 4. These orders be entered forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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